APPLICATION FOR BENEFITS AND CLAIMS
FOR COMPENSATION
§ 65.41. Filing methods.
(a) An application for benefits shall be filed by one of the following methods:
(1) Telephoning a UC Office and providing the information required by the Department representative.
(2) Completing the Department’s Internet application and electronically transmitting it to the Department.
(3) Completing the Department’s application form and sending the form to a UC Office by United States Mail or transmitting the form to a UC Office by facsimile machine.
(b) A claim for compensation shall be filed by one of the following methods:
(1) Telephoning a UC Office and providing the information required by the Department representative.
(2) Telephoning the Department’s telephone claim system and providing all information required by the system.
(3) Completing the Department’s Internet claim and electronically transmitting it to the Department.
(c) The filing date of an application for benefits or a claim for compensation is:
(1) For applications and claims filed by telephone, the date when the telephone call occurs if the claimant provides the information required by the Department representative or the Department’s telephone claim system.
(2) For applications and claims filed by the Internet, the date indicated on the confirmation page displayed upon completion of the filing process.
(3) For applications and claims filed by United States Mail:
(i) The date of the official United States Postal Service postmark on the envelope, a United States Postal Service Form 3817 (Certificate of Mailing) or a United States Postal Service certified mail receipt.
(ii) If there is no official United States Postal Service postmark, United States Postal Service Form 3817 or United States Postal Service certified mail receipt, the date of a postage meter mark on the envelope.
(iii) If the filing date cannot be determined by any of the methods in subparagraph (i) or (ii), the date recorded by the UC Office when it receives the application or claim.
(4) For applications filed by facsimile machine:
(i) The date of receipt imprinted by the UC Office fax machine.
(ii) If the UC Office fax machine does not imprint a legible date, the date of transmission imprinted by the sender’s fax machine.
(iii) If the filing date cannot be determined by any of the methods in subparagraph (i) or (ii), the date recorded by the UC Office when it receives the application.
Source The provisions of this § 65.41 adopted July 1, 1969; amended October 22, 1971, effective October 23, 1971, 1 Pa.B. 2016; amended September 15, 1972, effective September 16, 1972, 2 Pa.B. 1731; amended March 29, 1974, effective March 30, 1974, 4 Pa.B. 581; amended July 25, 1975, effective July 26, 1975, 5 Pa.B. 1920; amended February 11, 2011, effective February 12, 2011, applies to claims for compensation and applications for benefits filed on or after February 12, 2011, 41 Pa.B. 848. Immediately preceding text appears at serial pages (337168) and (297061) to (297062).
Notes of Decisions Backdating
Where the claimant was misled when job center personnel failed to provide him with the standard notice of the approaching end of his benefit year, it was error not to permit backdating of the claimant’s renewal application. Russell v. Unemployment Compensation Review Board, 812 A.2d 780 (Pa. Cmwlth. 2002).
Because the unemployment compensation claimant’s backdating of an application for unemployment benefits could not be justified on the basis that the employer misrepresented about eligibility for benefits, claimant’s application was considered untimely. Mitchelree v. Unemployment Compensation Board of Review, 635 A.2d 701 (Pa. Cmwlth. 1993).
A claimant’s application for Trade Readjustment Assistance (TRA) benefits may not be backdated more than 52 weeks due to misinformation by a State employe unless the misinformation constitutes gross negligence or fraud. Sturni v. Unemployment Compensation Board of Review, 625 A.2d 727 (Pa. Cmwlth. 1993).
Claimant was not misled by OES in regard to proper reporting requirements and she could not rely on a backdating of an application for benefits. Strichko v. Unemployment Compensation Board of Review, 547 A.2d 496 (Pa. Cmwlth. 1988).
The failure of § 65.41 to permit predating for incapacitation due to illness or injury is not violative of section 3 of the Unemployment Compensation Law (43 P. S. § 752). Edwards v. Unemployment Compensation Board of Review, 426 A.2d 237 (Pa. Cmwlth. 1981).
Predating
Section 65.41(c)(5) bars recovery in the absence of the Bureau’s gross negligence or willful and wanton misrepresentation amounting to fraud. Kear v. Unemployment Compensation Board of Review, 397 A.2d 468 (Pa. Cmwlth. 1979).
Reporting Requirements
A conflicting appointment with an employment counselor is not an acceptable reason for not reporting a claim for a week, especially since the applicant could have kept the appointment with the counselor as well as her scheduled appointment at the Bureau’s offices some other time of that day. Seibert v. Unemployment Compensation Board of Review, 403 A.2d 1369 (Pa. Cmwlth. 1979).
Validity
Section 65.41(c)(5) is neither unreasonable nor inconsistent with the purposes of the Unemployment Compensation Law. Kear v. Unemployment Compensation Board of Review, 397 A.2d 468 (Pa. Cmwlth. 1979).
Cross References This section cited in 34 Pa. Code § 65.11 (relating to active search for work); and 34 Pa. Code § 65.43a (relating to extended filing).
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